Student Constitution. The University of North Carolina at Chapel Hill. (as amended February 7, 2017)

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1 Student Constitution The University of North Carolina at Chapel Hill (as amended February 7, 2017)

2 THE CONSTITUTION FOR THE STUDENT BODY OF THE UNIVERSITY OF NORTH CAROLINA AT CHAPEL HILL PREAMBLE With strong purpose to resolve the doubts and limitations we have inherited from over two hundred years of growth, with resolute determination to preserve the best in our tradition of responsible student self-governance, we assert our goals to preserve order, make personal freedom secure, establish justice, and win a lasting opportunity for responsible individual and collective action; and to these ends we ordain and establish this Constitution for the Student Body of the University of North Carolina at Chapel Hill. NON-DISCRIMINATION POLICY All governing bodies described in this Constitution shall adhere to the University Non- Discrimination Policy, and shall not discriminate in matters of policy or financial allocation on the basis of age, gender, race, color, national origin, religion, creed, political ideology, political affiliation, political party, disability, veteran status, sexual orientation, gender identity, gender expression, or genetic information.

3 CHAPTER ONE. LAWS AFFECTING ALL STUDENTS

4 ARTICLE I. GOVERNING BODIES Section 1. Student Body President (SBP) The Student Body President shall represent all students as a voting member of the Board of Trustees of the University of North Carolina at Chapel Hill. The SBP shall also preside over the Joint Governance Council (JGC) as a non-voting member. Section 2. Joint Governance Council (JGC) The Joint Governance Council shall possess the authority to approve legislation that concerns both undergraduate and graduate and professional students at the University of North Carolina at Chapel Hill and serve as an advisory body to both the USG and the GPSF. Section 3. Student Supreme Court (SSC) The Student Supreme Court shall possess original jurisdiction in controversies concerning executive and legislative action raising questions of law arising under this Constitution and laws enacted under its authority. Section 4. Undergraduate Student Government (USG) The Undergraduate Student Government (USG) shall be the governing body for the Undergraduate Student Body of the University of North Carolina at Chapel Hill. The USG shall be composed of a Senate, Executive Branch, and Honor System. Section 5. Graduate and Professional Student Government (GPSF) The Graduate and Professional Student Federation (GPSF) shall be the governing body for the Graduate and Professional Student Body of the University of North Carolina at Chapel Hill. The GPSF shall be composed of a Senate, Executive Branch, and Honor System.

5 ARTICLE II. STUDENT BODY PRESIDENT (SBP) Section 1. Student Body President The Student Body President shall represent all students as a voting member of the Board of Trustees of the University of North Carolina at Chapel Hill. The SBP shall also preside over the Joint Governance Council (JGC) as a non-voting member. Section 2. Terms and Qualifications 1. The Student Body President shall be enrolled as a fee-paying student at the University of North Carolina at Chapel Hill; and, 2. The Student Body President shall be elected in the spring by the student body for a oneterm beginning the first Tuesday of April upon inauguration and ending the first Tuesday of April of the following spring semester. Section 3. Duties of the Student Body President 1. Serve as a voting member of the Board of Trustees; 2. Serve as the non-voting chair of the Joint Governance Council; 3. Attend Full Senate meetings of both the Undergraduate Senate and the GPSF Senate and retain speaking, but not voting privileges; 4. Attend Cabinet meetings of the Undergraduate Executive Branch and the GPSF Executive Branch and retain speaking, but not voting privileges; and, 5. Publish monthly reports on updates of recent actions and issues facing Undergraduate and Graduate and Professional students and distributed to members of the Joint Governance Council. Section 4. Student Body President Board of Trustee Address Requirements The Student Body President shall be required to receive approval of prepared remarks at full Board of Trustees meetings by a majority vote of the Joint Council and dedicate at least one third of the update to issues affecting graduate and professional students. Section 5. Attendance

6 The Student Body President shall be excused from attending meetings by the primary leader of the respective governing group. The Student Body President may also acquire up to three (3) unexcused absences per governing group in the course of their term. The Student Body President shall not be permitted to use a proxy. Section 6. Joint Council Membership Should the Student Body President also be dually serving as either the Undergraduate Student Government President or the GPSF President, the Student Body President shall appoint a delegate to represent the respective constituency seat. Section 7. Impeachment Legislation calling for the impeachment of a Student Body President can originate in either Senate. A two-thirds (2/3) vote of either Senate shall prompt impeachment consideration by the Joint Council. A simple majority vote of the Joint Council s legislative members would confirm the impeachment of the Student Body President. Nonfeasance of duties or gross malfeasance could result in impeachment. Section 8. Succession Following the impeachment of the Student Body President who is dually serving as either the Undergraduate Student Government President or GPSF President, the President of the other constituency shall become Student Body President. If the Student Body President was not serving a dual role, a special election shall be called to choose the new Student Body President to will serve out the remainder of the term. Section 9. Recall A petition containing the signatures of ten-percent (10%) of the Student Body shall initiate a recall. A recall petition shall initiate a special election to elect a Student Body President to serve the remainder of the term. The recalled Student Body President shall be eligible to run in the special election to retain their seat. Section 10. Student Body President Stipend

7 If serving a dual role, the Student Body President shall not be eligible for multiple stipends. The stipend amount of the Student Body President shall be approved in the same manner as joint legislation. The stipend cost shall be split between the Undergraduate Student Government and the GPSF Governments in a manner proportional to the student body and should not be less than the lowest paid president. Section 11. Student Body President Staff The staff of the Student Body President shall consist of no more than four (4) Executive Assistants who shall assist the Student Body President with matters relating to the Board of Trustees and the Joint Governance Council, issuing public statements, and administrative duties. Section 12. Student Body President Executive Staff Restrictions The Student Body President shall refrain from using Executive Branch staff for the purpose of the Student Body President business. Section 13. Dual Service There shall be no prohibition against the Student Body President serving concurrently as the USG President or the GPSF President or any other executive position in student government, provided that all relevant qualifications are met and all election regulations are followed. The Student Body President does not have to serve in a dual capacity.

8 ARTICLE III. JOINT GOVERNANCE COUNCIL Section 1. Joint Governance Council (JGC) The Joint Governance Council shall serve as an advisory body to both the USG and the GPSF. The Joint Governance Council shall exist to identify and discuss issues that affect both sets of constituencies or parties therein. Section 2. Legislative Jurisdiction of the Joint Council The Joint Governance Council shall possess the authority to approve legislation that concerns both undergraduate and graduate and professional students at the University of North Carolina at Chapel Hill. Only legislative members of the Joint Governance Council shall vote on issues of joint legislation. Section 2. Joint Governance Council Composition The Joint Governance Council shall consist of thirteen (13) members as follows: 1. Student Body President (non-voting, chair); 2. Undergraduate Student Government President; 3. Undergraduate Student Government Vice-President; 4. Undergraduate Student Government Treasurer; 5. Undergraduate Senate Speaker; 6. Undergraduate Senate Speaker Pro-Tempore; 7. Elected Undergraduate Senate Senator; 8. GPSF President; 9. GPSF Vice-President; 10. GPSF Treasurer; 11. GPSF Senator; 12. GPSF Senator; and, 13. GPSF Senator. Section 3. Definition of Joint Legislation

9 The term joint shall refer to any piece of legislation that concerns both undergraduate and graduate and professional students. Section 4. Legislative Power The Joint Governance Council legislative members shall provide the final approval of legislation passed by either Senate if the legislation is joint. The council shall not have the ability to introduce legislation itself. The council shall not act upon any legislation passed by either Senate if that legislation only concerns that Senate s respective constituency. Section 5. Introduction of Legislation The Speaker of the USG Senate and a representative of the GPSF Senate shall present the legislation passed at the prior meetings of their respective Senates at the beginning of each Joint Council Meeting. The only exception shall be legislation that appropriates funding to an entity belonging to just one constituency. Section 6. Determining if Legislation is Joint Legislation shall be determined to be joint, and thus to require the approval of the Joint Council, through one of the following means: 1. The legislation is designated as joint by the Senate that passed the legislation; or, 2. Upon introduction of the legislation in the Joint Council meeting by the leader of the Senate that produced the legislation, any member of the council shall be allowed to call for a vote on whether the legislation is joint. If a simple majority of present and voting members vote in the affirmative, then the legislation shall be treated as joint. Section 7. Editing Legislation The Joint Governance Council shall have the ability to make germane amendments to joint legislation received from either Senate with the approval of two-thirds (2/3) of the present and legislative members of the council. Section 8. Approval of Joint Legislation

10 In order for joint legislation to pass into law, two-thirds (2/3) of the present and legislative members of the Joint Governance Council must vote in favor of the legislation. If the two-thirds (2/3) threshold is not met, the legislation shall not pass into law. Section 9. Meeting Schedule The Joint Governance Council shall meet at least once every two weeks during the regular academic year. Section 10. Other Powers and Responsibilities of the Joint Governance Council The Joint Governance Council shall be expected to: 1. Approve or reject joint legislation passed by either Senate body; 2. Discuss and collaborate on issues which effect both constituencies of students; 3. Identify and resolves sources of conflict between the two constituencies of students wherever possible; 4. Require reports from branches of either Student Government as necessary; 5. Require reports from other governing bodies or independent agencies as necessary; and, 6. Approve or reject changes to the Instrument of Student Judicial Governance.

11 ARTICLE IV. THE LEGISLATIVE BRANCHES Section 1. Legislative Power of the Undergraduate Student Government The legislative power of the Undergraduate Student Body shall be vested in the Undergraduate Senate, which shall be a unicameral body. Section 2. Legislative Power of the Graduate and Professional Student Government The legislative power of the Graduate and Professional Student Body shall be vested in the GPSF Senate, which shall be a unicameral body. Section 3. Legislative Jurisdiction of the Undergraduate Senate The Undergraduate Senate shall have sole jurisdiction on issues related exclusively to the Undergraduate Student Body. Legislation related to the entirety of the Student Body may be passed and referred to the Joint Governance Council for consideration. Section 4. Legislative Jurisdiction of the Graduate and Professional Student Government Senate The GPSF Senate shall have sole jurisdiction on issues related exclusively to the Graduate and Professional Student Body. Legislation related to the entirety of the Student Body may be passed and referred to the Joint Governance Council for consideration. Section 5. Student Code A singular Student Code shall exist, consisting of the laws set forth and approved by the Joint Council, the Undergraduate Student Government Senate, and the Graduate and Professional Student Federation Senate. There shall be portions of the Student Code designated as joint, undergraduate specific, and graduate and professional specific. Sections designated as specific to an individual constituency shall only be edited by that respective Senate. Section 6. Principle of Democratic Representation All members of each Senate will be democratically elected in elections that are organized by the Board of Elections. All members of the relevant constituency must be afforded the

12 opportunity to both stand for election and to vote according to the principle of one person one vote. Section 7. Journals The respective Senates shall keep a journal of their proceedings, which shall be made public and preserved in the University Archives. Section 8. Powers of the Respective Senate Bodies Each Senate shall have the power to: 1. With the approval of the Board of Trustees and the Board of Governors, and with approval of the student body obtained by means of a student body referendum, determine the level of the following fees to be paid by the respective student body: a. Childcare Services Fee; b. Sonja Stone Scholarship Fee; c. Student Endowed Library Fund Fee; d. Student Legal Services Fee; e. Student Organizations Fee; f. Student Safety and Security Fee; g. A.P.P.L.E.S. Program Fee (for USG Senate only); h. Senior Class Enrichment Fee (for USG senate only); i. Undergraduate Teaching Award Fee (for USG Senate only); 2. Establish an annual budget; 3. Establish procedures annually for the execution of its business; 4. Establish laws governing elections; 5. Approve or reject all codified appointments made by the respective President; 6. By a two-thirds (2/3) majority of members present and voting, override a veto of the Student Body President if the legislation was not a joint issue as determined by the Joint Governance Council; 7. Impeach, initiate trials, and remove from office any codified student government official of your respective constituency, save for the heads of independent agencies directly elected by their full constituency;

13 8. Require reports from all committees and from all organizations receiving funds from each respective Senate, or committees or groups managing funds levied by a Student Fee when the head of such a committee or group is not directly elected by the fee paying students; 9. Establish remuneration for all Student Government officials it deems appropriate provided any changes shall not affect the officers then holding the positions in question; 10. Review, approve, or reject the constitutions, charters, and bylaws of all student organizations receiving funding from Student Fees; 11. Initiate Constitutional Referenda; 12. Initiate Student Fee Referenda on the creation, increase, decrease, or change in justification of a student-originated fee; 13. Approve changes to the Instrument of Student Judicial Governance; 14. Determine the composition and approve any changes to the bylaws of the Carolina Union Board of Directors, the Student Fee Audit Committee, the Student Legal Services Board of Directors, the Campus Recreation Board, the Student Library Advisory Board, and the Board of Elections, provided that the Chancellor shall appoint any faculty representatives on these boards; 15. Determine the powers, composition, and functions of their respective Summer School Student Governments; 16. Make all laws necessary and proper to promote the general welfare of the student body; and, 17. Pass joint legislation in accordance with any of the purposes outlined in this section, subject to the approval of the Joint Governance Council. Section 9. Senate Limitations The Senates shall not legislate upon issues that do not concern their respective constituents and are not joint issues.

14 ARTICLE V. THE EXECUTIVE BRANCHES Section 1. Undergraduate Student Government President The executive power of the Undergraduate Student Body shall be vested in the President of the USG. Section 2. Graduate and Professional Student Federation President The executive power of the Graduate and Professional Student Body shall be vested in the President of the GPSF. Section 3. Democratic Elections The Undergraduate Student Government President and the GPSF President shall be democratically elected. Section 4. Respective Duties of the USG President and the GPSF President 1. Enforce and administer laws enacted by the Joint Governance Council and their respective Senates; 2. Veto non-joint legislation of the respective Senate, provided that the President shall exercise such power of veto within ten (10) days of passage by the respective Senate; and, 3. Perform any other duties legislated by the respective Senates and the Code. Section 5. Other Undergraduate Executive Branch Officers The Undergraduate Student Government shall have the assistance of a USG Vice- President and a USG Treasurer as dictated as members of the Joint Council and further defined in the Student Code. Section 6. Other GPSF Executive Branch Officers The Undergraduate Student Government shall have the assistance of a GPSF Vice- President and a GPSF Treasurer as dictated as members of the Joint Council and further defined in the Student Code.

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16 ARTICLE VI. THE JUDICIAL BRANCHES Section 1. Student Responsibility It shall be the responsibility of every student at the University of North Carolina at Chapel Hill to obey the Honor Code, the Student Constitution, and the Student Code. Section 2. Judicial Power The judicial power of the Student Body shall be vested in the courts provided by the Instrument of Student Judicial Governance for the University of North Carolina at Chapel Hill. The Instrument, accepted by the Chancellor, approved by the entire Student Body, and approved by the Faculty Council, shall be set forth in a separate document and provide its own procedures for amendment. The Instrument shall provide a Code of Conduct for the Student Body and establish officers, structures, and procedures by which the Code is implemented and offenses adjudicated. Provisions of the Instrument in relation to these matters shall be exclusive. 1. To be approved by the entire Student Body, the Instrument and its amendments hereafter shall be approved by both Senates and the Joint Governance Council. 2. The courts shall maintain a separate Undergraduate Student Honor System and Graduate and Professional Student Honor System that operate in accordance to the Instrument. Section 3. Savings Clause When provisions of this Constitution or the Instrument of Student Judicial Governance are changed, cases and controversies that are pending at the time the change becomes effective shall be tried under the later provisions except when such a change has the effect of creating new penalties or new violations of law. Section 4. Student Attorney Generals The Undergraduate Student Attorney General and Graduate and Professional Student Attorney General shall perform the duties and functions for which they are made responsible under the Instrument of Student Judicial Governance.

17 1. The Undergraduate Student Attorney General shall be appointed in the spring by the USG President, subject to the approval of two-thirds (2/3) of present and voting members of the USG Senate at a regular meeting of the Senate, and shall serve until a successor is confirmed. The Undergraduate Student Attorney General shall be a feepaying undergraduate student. 2. The Graduate and Professional Student Attorney General shall be appointed in the spring by the GPSF President, subject to the approval of two-thirds (2/3) of present and voting members of the GPSF Senate at a regular meeting of the Senate, and shall serve until a successor is confirmed. The Graduate and Professional Student Attorney General shall be a fee-paying graduate or professional student. Section 5. Student Supreme Court of the Student Body Original jurisdiction in controversies concerning executive and legislative action raising questions of law arising under this Constitution and laws enacted under its authority shall reside with the Student Supreme Court of the Student Body. Section 6. Composition of the Student Supreme Court The Student Supreme Court shall be composed of three (3) undergraduate students and two (2) graduate or professional students. Undergraduate student members shall be appointed by the USG President, and graduate and professional student members shall be appointed by the GPSF President. Once all members of the Supreme Court have been approved, they shall elect amongst themselves a Chief Justice. The remaining four (4) members shall be referred to as Associate Justices. Each justice shall hold their position until they graduate, resign, or cannot physically be at the University of North Carolina at Chapel Hill campus for longer than a semester (excluding Summer Semesters), or is otherwise removed from office. Upon the vacancy of the Chief Justice seat, an election for the new Chief Justice shall not be held until all five (5) seats of the Supreme Court have been filled. Other aspects of the composition, policies, and procedures of the Student Supreme Court not enumerated in this Constitution shall be set in the manner prescribed by law in the Student Supreme Court Bylaws.

18 1. The USG appointees to the Supreme Court shall be subject to the approval of twothirds (2/3) of present and voting members of the USG Senate at a regular meeting of the Senate and a majority vote of the Joint Governance Council. The USG appointees to the Supreme Court shall not hold any other office within the USG. 2. The GPSF appointees to the Supreme Court shall be subject to the approval of twothirds (2/3) of present and voting members of the GPSF Senate at a regular meeting of the Senate and a majority vote of the Joint Governance Council. The GPSF appointees to the Supreme Court shall not hold any other office within the GPSF. Section 7. Student Solicitor Generals 1. The Undergraduate Student Solicitor General shall serve as the counsel for USG branches and agencies in Student Supreme Court cases. The Undergraduate Student Solicitor General shall be appointed in the spring by the USG President subject to the approval of two-thirds (2/3) of present and voting members of the USG Senate at a regular meeting of the Senate, and shall serve until a successor is confirmed. The Undergraduate Student Solicitor General shall not hold any other office within the USG. 2. The Graduate and Professional Student Solicitor General shall serve as the counsel for GPSF branches and agencies in Student Supreme Court cases. The Graduate and Professional Student Solicitor General shall be appointed in the spring by the GPSF President subject to the approval of two-thirds (2/3) of present and voting members of the GPSF Senate at a regular meeting of the Senate, and shall serve until a successor is confirmed. The Graduate and Professional Student Solicitor General shall not hold any other office within the GPSF. 3. Independent Agencies shall be able to receive counsel from either the Undergraduate Student Solicitor General or the Graduate and Professional Student Solicitor General in Student Supreme Court cases, provided they are not serving as counsel for one of their respective branches in the same Student Supreme Court case. Section 8. Recall of Justices and Solicitor Generals Recall shall only be on the basis of misfeasance, malfeasance, or nonfeasance.

19 ARTICLE VII. INDEPENDENT AGENCIES Section 1. Established Bodies Additional Governing Bodies and Advocacy Bodies that receive and/or distribute funds generated from Student Fees, and student advisory committees to University administration shall exist to represent and serve specific interests of the entire Student Body. These groups shall contain a number of undergraduate and graduate/professional student representatives in proportion to the number of undergraduate and graduate/professional students in the Student Body, unless otherwise noted or are noted as an undergraduate- or graduate and professional-only governing or advocacy body, to be appointed in the manner prescribed by law in the Student Code as determined by the respective Senates. These groups include but are not limited to: Campus Recreation Board Carolina Athletics Association Carolina Union Board of Directors Chancellor s Child Care Advisory Committee Committee on Student Conduct Hardship Parking Committee Renewable Energy Special Projects Committee Residence Hall Association Student Advisory Committee to the Chancellor Student Fee Audit Committee Student Grievance Committee Student Leadership Advisory Committee to the Vice Chancellor of Student Affairs Student Legal Services Board of Directors Student Library Advisory Board Student Safety and Security Committee Student Television Board of Directors WXYC Board of Directors

20 Section 2. Revisions to Bylaws of Established Bodies Revisions to the bylaws of the Established Bodies enumerated in this Constitution may be introduced in either Senate and approved by the Joint Council. Section 3. Campus Recreation Board The Campus Recreation Board shall be the governing body of the University of North Carolina at Chapel Hill Campus Recreation. Section 4. Carolina Athletics Association There shall be a Carolina Athletic Association whose duty it shall be to represent the athletic concerns of the Student Body. Section 5. Carolina Union Board of Directors The Carolina Union Board of Directors shall be the governing body of the Carolina Student Union. Section 6. Chancellor s Child Care Advisory Committee The Chancellor s Child Care Advisory Committee shall study and evaluate alternatives for improving and strengthening child/family services for the University of North Carolina at Chapel Hill faculty, staff, and students, make recommendations to the Chancellor for future goals for programs and services, and assist the Office of Human Resources, Benefits Services Department, in implementing new programs and services. Section 7. Committee on Student Conduct The Committee on Student Conduct shall oversee the operation of the Instrument of Student Judicial Governance and the Honor System and shall perform the duties described within the Instrument. Section 8. Hardship Parking Committee

21 The Hardship Parking Committee shall recommend a plan for distributing student parking permits, evaluate Hardship Parking Permit applications, and recommend a plan for allocating Hardship Parking Permits. Section 9. Renewable Energy Special Projects Committee The Renewable Energy Special Projects Committee shall try to increase the use of renewable energy and sustainable practices through funding of renewable energy, energy efficiency, maintenance, and energy education projects on campus. Section 10. Residence Hall Association There shall be a Residence Hall Association whose duty it shall be to handle all matters concerning student life in University-owned and approved housing and residence halls. The composition of this association is determined by the Residence Hall Association itself. Section 11. Student Advisory Committee to the Chancellor The Student Advisory Committee to the Chancellor shall provide a means for a wide range of student constituencies to speak directly with the Chancellor, the Executive Vice Chancellor, the Provost, and the Vice Chancellor for Student Affairs in order to peacefully and professionally advance the interests of the students and the University. The composition of this committee is determined by the Chancellor. Section 12. Student Fee Audit Committee The Student Fee Audit Committee shall oversee the levying and expenditure of all student fee dollars and shall be the Board of Directors of the Student Activities Fund Office. The committee shall have the power to inspect the financial record of any student organization receiving Student Activity Fee money. 1. The Student Fee Audit Committee shall be co-chaired by the USG Treasurer and the GPSF Treasurer. Section 13. Student Grievance Committee

22 The Student Grievance Committee shall hear student grievances and appeals in cases arising under the Non-Discrimination and Prohibited Harassment and Discrimination laws and policies of the University of North Carolina at Chapel Hill. Section 14. Student Leadership Advisory Committee to the Vice Chancellor for Student Affairs The Student Leadership Advisory Committee to the Vice Chancellor for Student Affairs shall gather feedback from students on various matters and communicate that feedback to University administrators. The composition of this committee is determined by the Vice Chancellor for Student Affairs. Section 15. Student Legal Services Board of Directors The Student Legal Services Board of Directors shall supervise the business of Student Legal Services. Section 16. Student Library Advisory Board The Student Library Advisory Board shall direct the expenditures of the Student Endowed Library Fund. Section 17. Student Safety and Security Committee The Student Safety and Security Committee shall maintain and appropriate the Student Safety and Security Fee to campus organizations and university departments to promote student safety at the University of North Carolina at Chapel Hill. Section 18. Student Television Board of Directors The Student Television Board of Directors shall oversee the operations of the University of North Carolina at Chapel Hill Student Television. Section 19. WXYC Board of Directors The WXYC Board of Directors shall oversee the operations of the University of North Carolina at Chapel Hill radio station, 89.3 WXYC.

23 Section 20. Bylaws Further descriptions and operating procedures of the additional governing bodies and advocacy agencies shall be prescribed in the Student Code and should be considered a joint legislative issue. Section 21. Association of Student Governments (ASG) The Association of Student Governments is a monthly meeting of Student Government leaders from each of the University of North Carolina System Schools. The University of North Carolina at Chapel Hill has four delegates as follows: 1. Undergraduate Student Government President 2. Speaker of the Undergraduate Senate 3. Graduate and Professional Student Federation President 4. Graduate and Professional Student Federation Chief of External Relations and Advocacy

24 ARTICLE VIII. ELECTIONS Section 1. Board of Elections Elections for elected offices established under this Constitution shall be carried out in the manner prescribed by law by the respective legislative bodies in the Student Code, and organized by the Board of Elections. Section 2. Composition of the Board of Elections The Board of Elections shall be composed of three (3) undergraduate students and three (3) graduate or professional students. Undergraduate student members shall be appointed by the USG President, and graduate and professional student members shall be appointed by the GPSF President. Once all members of the Board of Elections have been approved, they shall elect amongst themselves a Chairperson. Each member shall hold their position until they graduate, resign, or cannot physically be at the University of North Carolina at Chapel Hill campus for longer than a semester (excluding Summer Semesters), or is otherwise removed from office. Upon the vacancy of the Chairperson of the Board of Elections seat, an election for the new Chairperson shall not be held until all six (6) seats of the Board of Elections have been filled. Other aspects of the composition, policies, and procedures of the Board of Elections not enumerated in this Constitution shall be set in the manner prescribed by law in the Board of Elections Bylaws. 1. The USG appointees to the Board of Elections shall be subject to the approval of two-thirds (2/3) of present and voting members of the USG Senate at a regular meeting of the Senate and a majority vote of the Joint Governance Council. 2. The GPSF appointees to the Board of Elections shall be subject to the approval of two-thirds (2/3) of present and voting members of the GPSF Senate at a regular meeting of the Senate and a majority vote of the Joint Governance Council. Section 3. Dual Service Stipulations A candidate for Student Body President shall also be able to stand as a candidate for Undergraduate Student Government President or Graduate and Professional Student Federation President.

25 1. Petition Signatures collected for one candidacy can be counted towards the other candidacy, as long as the signatures are from members of the correct population; 2. The Board of Elections shall consider a candidate for both positions as participating in only one campaign when applying penalties and spending limits. Section 4. Student Body President Signature Requirement To be placed on the ballot for Student Body President, a candidate must collect one thousand (1,000) unique signatures; including a minimum of 250 unique signatures from the constituency the candidate is not a member of. Section 5. Dual Use of Signatures Signatures attained for either the USG or GPSF President positions may also be applied to the signatures required to run for Student Body President. Section 6. Other Signature Requirements Signature levels needed to be placed on a ballot for all other positions shall be specified in the respective constituencies section of the Student Constitution or Code. Section 7. Recall Any constituency shall have the power to recall any officer elected by that constituency under this Constitution. A petition signed by the qualified voters of the constituency in question shall be filed with the Chairperson of the Board of Elections. If the Chairperson deems the petition to have the requisite number of signatures, the Board of Elections shall conduct a Special Election for the office in question, in which the officer in question shall have the right to be a candidate. The officer in question shall continue in office until the election returns are officially announced. The required amount of signatures to recall an officer shall be no less than: a) Fifteen (15) percent or five (5) persons, whichever is greater, of the constituency to recall members of the USG Senate or the GPSF Senate. b) Fifty percent plus one (50% + 1) of the total number of individuals who voted in the USG Presidential election to recall the USG President (e.g. if 2000 undergraduate

26 students voted in the USG Presidential election, a recall petition for the USG President must have 1001 undergraduate student signatures in order to recall the officer). c) Fifty percent plus one (50% + 1) of the total number of individuals who voted in the GPSF Presidential election to recall the GPSF President (e.g. if 2000 graduate/professional students voted in the GPSF Presidential election, a recall petition for the GPSF President must have 1001 graduate/professional student signatures in order to recall the officer). There shall not be any recall election until after an elected official takes the oath of office. Any recall election must occur in the manner prescribed by law in the Student Code. Section 8. Initiative Both constituencies, Undergraduate and Graduate/Professional Student Bodies, shall have the power to initiate any act affecting only their constituency, within the power of their respective legislative branches, provided that at least ten (10) percent of the constituency shall sign a petition calling for an election on a bill that shall be submitted in writing with the petition to the Chairperson of the Board of Elections. Initiatives affecting the entire Student Body must reach the ten (10) percent threshold of the entirety of the Student Body. If the Chairperson deems the petition to have the requisite number of signatures, the Board of Elections shall conduct an election to vote on the bill in the manner prescribed by law in the Undergraduate Student Government Bylaws or the Graduate and Professional Student Government Bylaws. A favorable majority (fifty percent plus one (50% + 1)) of votes cast in an election in which at least two-and-a-half (2.5) percent of the constituency votes on the bill shall be sufficient to pass the bill. Section 9. Review Both constituencies, Undergraduate and Graduate/Professional Student Bodies, shall have the power to call for a vote on any act passed by their respective legislative branches, provided that at least ten (10) percent of the constituency shall sign a petition calling for a vote and specifying the act in question to the Chairperson of the Board of Elections. Reviews affecting the entire Student Body must reach the ten (10) percent threshold of

27 the entirety of the Student Body If the Chairperson deems the petition to have the requisite number of signatures, the Board of Elections shall conduct an election on the act in question in the manner prescribed by law in the Undergraduate Student Government Bylaws or the Graduate and Professional Student Government Bylaws. A favorable majority (fifty percent plus one (50% + 1)) of votes cast in an election in which at least two-and-a-half (2.5) percent of the constituency votes on the bill shall be sufficient to review the act in question. Section 10. Issues Concerning the Entire Student Body When an issue, including Initiatives or Reviews, concerns the entire student body, at least two-and-a-half (2.5) percent of the entire student body shall be sufficient turnout for the vote to be binding in accordance with the above sections. Section 11. Coercion of Voters Prohibited No group or organization on the campus of the University shall coerce any student or attempt to unduly influence their vote in any manner. Violations of these provisions shall be tried by the Supreme Court.

28 ARTICLE VII. FINANCIAL REGULATIONS Section 1. Undergraduate Student Government Funds The Undergraduate Student Government shall be funded by undergraduate student fees, and therefore shall be used to fund undergraduate student organizations. The use of USG funds must not violate any larger University policies regarding the use or expenditure of student fees. Law for the distribution of undergraduate student fees shall be prescribed in the Student Code, as defined by the USG Senate. Section 2. Graduate and Professional Student Government Funds The Graduate and Professional Student Government shall be funded by graduate and professional student fees. The use of GPSF funds must not violate any larger University policies regarding the use or expenditure of student fees. Law for the distribution of graduate and professional student fees shall be prescribed in the Student Code, as defined by the GPSF Senate. Section 3. Student Organizations Fee The Student Organizations Fee shall be distributed as follows: 1. $13.00 per student per year to the Carolina Union Activities Board; 2. $1.56 per student per year to WXYC; 3. $1.95 per student per year to Student Television; 4. $5.00 per student per year to the Student Activities Fund Office; 5. Twenty (20) percent of the respective Student Organizations Fee collected during the summer sessions is appropriated to the Carolina Union Activities Board for the purpose of summer programming; 6. The remainder of the Student Organizations Fee paid by undergraduate students shall go to the Undergraduate Senate; 7. The remainder of the Student Organizations Fee paid by graduate and professional students shall go to the Graduate and Professional Federation Senate; and, 8. All unspent funds undergraduate funds shall revert to the Undergraduate Senate General Reserve and all unspent graduate and professional funds shall revert to the

29 Graduate and Professional Federation Senate General Reserve except those of the Carolina Union Activities Board, WXYC, Student Television, and the Student Activities Fund Office. Section 4. Student Activities Fund Office (SAFO) The USG Senate and the GPSF Senate shall proportionally share the cost to Student Government of SAFO operations, as determined by the Student Fee Audit Committee. The USG Senate shall contribute two-thirds (2/3) of the cost and the GPSF Senate shall contribute one-third (1/3) of the cost. Section 5. Oversight of Student Government Funds All Student Government Funds must be held within the Student Activities Fund Office (SAFO) until expended in accordance with the financial regulations described in the Student Code. Section 6. Limitations No expenditure may be made using any Student Government funds for the following purposes: a) Payment to Ex-Employee. Payments of salaries to people no longer employed by an organization, except in settlement of salary due at the time of termination of employment. b) Alcohol, Tobacco, and Illegal Substances. No exceptions may be granted. c) Weaponry. Exceptions are official training equipment for a Registered Student Organization, rented or leased firearms, or ammunition for events. d) Investments or grants to a private business or enterprise. Exceptions are Fundraising Loans.

30 ARTICLE VIII. AMENDMENTS Section 1. Amendments Proposed in the Legislative Branch The USG Senate and the GPSF Senate shall have the power to propose amendments to Chapter One (1) of the Student Constitution, subject to a two-thirds (2/3) approval by the Joint Governance Council followed by a simple majority (fifty percent plus one (50% + 1)) vote of the Student Body, provided that at least two-and-a-half (2.5) percent of the entire Student Body votes on the amendment. Each Senate shall have the ability to propose amendments affecting only their constituency, as confirmed by the Joint Governance Council. The amendment shall be subject to a simple majority (fifty percent plus one (50% + 1)) vote of those voting, provided that at least two-and-a-half (2.5) percent of the respective constituency votes on the amendment. Section 2. Amendments Proposed by Petition Any member of the entire Student Body shall have the power to propose amendments to this Constitution by submitting a petition in writing to the Chairperson of the Board of Elections. If the Chairperson of the Board of Elections deems the petition to be signed by at least ten (10) percent of the entire Student Body, the Board of Elections shall conduct an election in which a favorable vote of two-thirds (2/3) of those voting shall be required to ratify the proposed amendment, provided that at least two-and-a-half (2.5) percent of the entire Student Body votes on the amendment. If the proposed amendment concerns only that student s population (undergraduate or graduate & professional), as confirmed by the Joint Governance Council, then the Board of Elections may limit voting to either undergraduate or graduate and professional students and adjust the above thresholds accordingly.

31 ARTICLE IX. STUDENT SUPREME LAW Section 1. Constitution and Laws Supreme This Constitution and all laws enacted pursuant thereto shall be Supreme Student Law. Supreme power shall be vested in this UNC Student Government Constitution. Section 2. Present Laws and Rules to Continue in Effect All laws enacted by the USG Senate or the GPSF Senate shall continue in full force and effect until repealed or changed, provided they are in accordance with this Constitution. Section 3. Superseding of Laws Any laws passed by one constituency that are in conflict with laws found in Chapter 1 of the Student Constitution shall be superseded by Chapter 1 of the Student Constitution. Section 4. Issues Not Enumerated in This Constitution Issues affecting the entire Student Body, not enumerated in this Constitution, shall be addressed through legislation written by either Senate and approved by the Joint Governance Council to become law in the Student Code.

32 CHAPTER TWO. LAWS AFFECTING UNDERGRADUATE STUDENTS

33

34 ARTICLE I. UNDERGRADUATE STUDENT GOVERNMENT SENATE Section 1. Membership of the Undergraduate Senate The elected membership of the Undergraduate Senate shall consist of a number of undergraduate students that is no less than one-tenth (1/10) of one (1) percent of the undergraduate population. Section 2. Undergraduate Senate Districts The apportionment of Senators to the Undergraduate Senate shall be determined by residence, year, personal identity, or some combination of the aforementioned as determined in the Student Code. Section 3. Officers of the Undergraduate Student Government Senate The Senate shall elect from its membership a Speaker, Speaker Pro-Tempore, and other officers, as it shall determine. Section 4. Senate Elections Senators shall be elected in a Spring General Election. The date shall be set in the manner prescribed by law in the Student Code. Empty seats may be filled in the following Fall General Election or through a special election requested by the respective Senate and approved by the respective President. Section 5. Qualifications for Senators Each Representative, as of the first day of classes of the fall semester following the Spring General Election, shall be enrolled as a fee-paying student at the University of North Carolina at Chapel Hill and belong the district they were elected to represent. Section 6. Term of Office Senators elected in the Spring General Election shall serve for one-year terms beginning on the first Tuesday in April upon inauguration and ending the first Tuesday in April of the following spring semester. Senators elected in any special election shall serve from their inauguration until the subsequent first Tuesday in April

35 Section 7. Vacancies Every vacancy occurring in the membership of the either Senate shall be filled in the manner prescribed by law in the Student Code.

36 ARTICLE II. UNDERGRADUATE STUDENT GOVERNMENT EXECUTIVE BRANCH Section 1. Undergraduate Student Government President The executive power of the Undergraduate Student Body shall be vested in the President of the USG. Section 2. Terms and Qualifications The USG President shall be enrolled as a fee-paying undergraduate student at the University of North Carolina at Chapel Hill and shall be elected in the Spring General Election by the Undergraduate Student Body for a one-year term beginning the first Tuesday of April upon inauguration and ending the first Tuesday of April of the following spring semester. Section 3. Duties of the USG President 1. Perform the duties assigned in Chapter I; 2. Call and preside at meetings of the Undergraduate Student Body; 3. Serve as a non-voting, ex-officio member of all standing committees and boards of their Legislative and Executive branches; 4. Require reports of the standing committees; 5. Represent the undergraduate student body in relation to other schools, the faculty, the administration, the Board of Trustees, and Board of Governors; 6. Establish such subsidiary bodies deemed necessary and proper to aid the performance of the duty of the President; 7. Appoint the Chairpersons of all Executive Branch Committees; and, 8. Nominate Executive Branch officers and other codified Executive Branch positions. Section 4. Other Undergraduate Student Government Executive Officers The USG President shall have the assistance of a USG Vice President, a USG Treasurer and a Director of State & External Affairs, who shall be appointed by the USG President from a pool of nominees recommended by the Selection Committee and with the approval of twothirds (2/3) of present and voting members of the USG Senate at a regular meeting of the

37 Senate. Selection Committee structure, policy, and procedures shall be prescribed by law in the Student Code. 1. The USG President shall have the ability to create other positions within the USG Executive Branch to assist them. 2. Vacancies. Vacancies in any of the USG executive offices shall be filled in the manner prescribed by law in the Student Code. Section 5. Duties of Executive Officers The respective duties of the constitutionally mandated executive positions shall be prescribed by law in the Student Code.

38 CHAPTER THREE. LAWS AFFECTING GRADUATE AND PROFESSIONAL STUDENTS

39 ARTICLE I. GOVERNING BODIES Section 1. Executive Branch Executive Power of the Graduate and Professional Student Body 1. Executive Power of the Graduate and Professional Student Body The executive power of The Graduate and Professional Student Body shall be vested in the President of The GPSF. The powers of The GPSF President shall be set in the manner prescribed by law in the Graduate and Profession Student Federation portion of the Student Code. 2. Election, Term, and Qualifications The GPSF President shall be enrolled as a fee-paying graduate or professional student at the University of North Carolina at Chapel Hill and shall be elected in the spring by the Graduate and Professional Student Body for a one-year term beginning the first Tuesday of April upon inauguration and ending the first Tuesday of April of the following spring semester. 3. Executive Officers and Directors. Other officers of the executive branch shall be approved in a manner prescribed by law in the Graduate and Professional Student Federation portion of the Student Code and shall have the powers and duties outlined therein. Section 2. GPSF Senate 1. Legislative Power of the Graduate and Professional Student Body The legislative power of the Graduate and Professional Student Body shall be vested in The GPSF Senate, which shall be a unicameral body. The policies, powers, duties, and procedures of the Senate shall be set in the manner prescribed by law in the Graduate and Profession Student Federation portion of the Student Code. 2. Election, Term, and Qualifications The composition of The GPSF Senate and the term and elections of its membership shall be determined according to law in the Graduate and Professional Student Federation portion of the Student Code. Senators shall be graduate or professional students enrolled at the University of North Carolina at Chapel Hill. Section 3. Judicial Branch The judicial power of the Graduate and Professional Student Body shall be vested in the Graduate and Professional Student Honor System, whose composition, policies, and procedures shall be set in the manner prescribed by law in the Instrument.

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